Case Name: People v.
Yuksel , District: 2 DCA , Division: 8 , Case #: B231571
Opinion Date: 7/11/2012
, DAR #: 9550
Case Holding:
Despite references to both
child and minor, Penal Code section 288.4 (arranging a meeting with
minor for lewd and lascivious behavior)
applies to any child under the age of
18 years. Appellant, having exchanged sexual messages with a police decoy portrayed as a minor, and then
arranging a meeting, was charged with a
violation of Penal Code section 288.4. At trial, he unsuccessfully
objected to the court's jury
instruction defining a "child" as any person under the age of 18 years. Affirmed. The Legislative history
for section 288.4 reveals that its
provisions were drawn from Penal Code section 647.6, which prohibits a
person with an abnormal sexual interest
in children from annoying or bothering any
child under the age of 18. With reference to this history, it is clear
that the two words in section 288.4,
child and minor, refer to the same thing; i.e., a child under the age of 18.
An expert's reliance on hearsay in formulating his opinion does not necessarily
make the hearsay admissible. The trial
court permitted a defense expert to testify to
his opinion that appellant was not a pedophile but excluded
appellant's statements to the expert
that he had no prior behavior of such a nature. The appellate court found that
the trial court did not abuse its
discretion under Evidence Code section 352 to exclude the evidence
because the trial court deemed it to be
unreliable under the circumstances.
If you are charged with violating California Penal Code section 288.4 you must hire an attorney immeidatley. The Law Office of George M. Derieg has valuable experience litigating these cases, even up through jury trial. You need a lawyer who is battle hardened, not afraid to fight for you when you need it most.
George Derieg Attorney at Law
510-355-2747
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